Thursday, April 30, 2015

The General Assembly passed and Governor McAuliffe signed legislation with these provisions:"An employer shall not require a current or prospective
employee to:1. Disclose the username and password to the current or
prospective employee's social media account; or2. Add an employee, supervisor, or administrator to the
list of contacts associated with the current or prospective employee's social
media account. . . .If an employer inadvertently receives an employee's
username and password to, or other login information associated with, the
employee's social media account through the use of an electronic device
provided to the employee by the employer or a program that monitors an
employer's network, the employer shall not be liable for having the information
but shall not use the information to gain access to an employee's social media
account. . . . An employer shall not:1. Take action against or threaten to discharge,
discipline, or otherwise penalize a current employee for exercising his rights
under this section; or2. Fail or refuse to hire a prospective employee for
exercising his rights under this section."

The statute defines "social media account" as "a personal account
with an electronic medium or service where users may create, share, or view
user-generated content, including, without limitation, videos, photographs,
blogs, podcasts, messages, emails, or website profiles or locations." A "social media account" does not include "an account (i) opened by an
employee at the request of an employer; (ii) provided to an employee by an
employer such as the employer's email account or other software program owned
or operated exclusively by an employer; (iii) set up by an employee on behalf
of an employer; or (iv) set up by an employee to impersonate an employer
through the use of the employer's name, logos, or trademarks."

The term "employer" is defined to include "(i) any unit of state or
local government and (ii) any agent, representative, or designee of a person or
unit of government that constitutes an employer."